Cities Service Oil Co. v. Dunlap, 308 U.S. 208 (1939)

Cities Service Oil Co. v. Dunlap


No. 28


Argued November 8, 9, 1939
Decided December 4, 1939
308 U.S. 208

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT

Syllabus

A local rule of law, established by decisions of the state court, which, on an issue of bona fide purchase without notice for value, rests the burden of proof upon him who attacks the legal title and asserts a superior equity, must be followed by the federal court in a suit to quiet title brought by the legal owner of record. P. 210.

This is not a matter of practice in courts of equity, but a matter of substantial right -- a valuable assurance in favor of the legal title.

100 F.2d 294; 101 id. 314, reversed.

Certiorari, 307 U.S. 617, to review the affirmance of a decree of the District Court in favor of the respondents in a suit by the petitioner to quiet its title to a piece of land.